Removing of Administrator

[Kezwhi]

Hi,
hoping someone can help me and I will keep this factual. I’m a beneficiary due to an invalid will. The administrator of the estate is also a beneficiary.
I have told her I don’t want anything but I can’t just sign over £in a deed of variation to her. That’s what she wants me to do. I got a deed drawn up and when my solicitor found out I was on benefits she said if I wanted to make any future claims it could be seen as deprivation of assets. Administrator doesn’t believe this, what do I do?

[des8]

IMO your solicitor is correct.
If you are on means tested benefits and the DWP decide you have deliberately deprived yourself of assets, they will reduce or even refuse you benefits.

Has the administrator actually formulated a claim yet?
I suppose it will have to be under the Inheritance (provision for family and dependants) act 1977, but as she is also a beneficiary I wonder how successful she will be.
It might be possible (after she launches a serious claim) to negotiate with her to reach a settlement.
This is done regularly to avoid the high costs of contentious litigation and might be a way for you to at least reduce your inheritance without the stress of court and without upsetting DWP

[Kezwhi]

Thank you for the reply. She is set to inherit £120,000 anyway, but she may put a claim in. I just wondered if this was a huge conflict of interest and that it she could be responsible for being removed as an administrator?*

[des8]

There could be a conflict of interest, but not if she acts properly.
With her executor's hat on she has to act in a neutral manner.
However as she is inheriting such an amount it might be difficult for her to claim reasonable provision has not been made for her.
I can see her claim being dismissed, and you will be left with an unwanted legacy!

[Kezwhi]

It’s been really difficult as I’ve not seen her in years and I’ve had so much mud slung at me this year , when I’ve just wanted to be left alone. I tried to do the right thing by signing it all to her but the current climate means jobs are at risk and who knows if I’ll be one of the millions seeking universal credit. If she hasn’t if made it so personal , I wouldn’t ever have thought about applying to remove her as an administrator. Thank you for your advice.*

[Kezwhi]

Hadn’t of !
No idea why I’m being so terrible with grammar tonight!*

[des8]

Deleted double post!

[des8]

Quote." If she hasn’t if made it so personal , I wouldn’t ever have thought about applying to remove her as an administrator. "

So there is some history here and it's not just an unwanted legacy!

[Guest]

Money brings out the worst in people.

[Kezwhi]

She’s made it personal DES8 by saying that she doesn’t care if signing over all the money to her could impact my life and my children’s if I were to seek help regarding universal credit. So yes, I would say that’s pretty personal - in fact, vile.*

[des8]

Anyway you haven't given any reason that would cause the court to remove her*as personal representative.

*Hostility between the personal representative and a beneficiary may be* a* consideration, but it is not, on its own, a reason to remove a personal representative. It is only when the proper administration of the estate is being adversely affected that removal will be considered.